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Bhartiya Nagrik Suraksha Sanhita 2023: Strengthening Citizen Security and Civil Rights
Bill citation: Bill No. 122 of 2023, Introduced: 12 December 2023, Passed: 20 December 2023
Table of Contents
Introduction:
The Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 is a transformative legal framework introduced by the Government of India to ensure the protection of citizens’ rights and enhance their security. In response to rising concerns about personal safety, privacy, and civil liberties, the BNS aims to modernize the legal infrastructure to meet the challenges of the 21st century. This bill seeks to redefine the concept of civil security, balancing the need for protection with the preservation of individual freedoms.
What is Bhartiya Nagrik Suraksha Sanhita 2023?
The Bhartiya Nagrik Suraksha Sanhita 2023 is a proposed law designed to ensure that citizens’ safety and rights are effectively protected. It includes comprehensive measures aimed at enhancing public security while safeguarding the fundamental freedoms of Indian citizens. By addressing modern threats, such as terrorism, cybercrimes, and threats to privacy, the BNS creates a balanced framework for safeguarding both personal and collective security.
Key Provisions of Bhartiya Nagrik Suraksha Sanhita 2023
Strengthening Personal Security and Civil Liberties
One of the primary objectives of the BNS 2023 is to enhance citizens’ personal security while ensuring that civil liberties are upheld. Key provisions include:
- Right to Privacy: The BNS seeks to reinforce the right to privacy, ensuring that individuals’ data and personal information are not misused or accessed without consent.
- Protection from Arbitrary Detention: Provisions against arbitrary detention ensure that no citizen can be unlawfully detained without proper legal proceedings.
- Rights During Arrest: The BNS outlines clear guidelines on how citizens should be treated during arrest, ensuring that their rights are respected and any detention is lawful.
Cybersecurity and Protection Against Digital Threats
As the world becomes increasingly digital, the BNS focuses on modern threats like cybercrime. The law includes provisions for:
- Digital Safety: The bill introduces robust cybersecurity laws to protect citizens from cyberbullying, online fraud, hacking, and identity theft.
- Cyberterrorism: Specific provisions address threats to national security arising from cyberterrorism, ensuring that perpetrators are held accountable under the law.
Counterterrorism Measures and National Security
To ensure the protection of national security, the BNS 2023 includes:
- Terrorism Prevention: The law outlines stringent measures to combat terrorism, including enhanced surveillance and preventive detention for suspected terrorists, while respecting citizens’ rights.
- National Crisis Response: The bill includes provisions for coordinated responses to national emergencies, ensuring swift action to mitigate the impact of terrorist activities or natural disasters.
Civil Rights Protection and Legal Redress
The BNS also emphasizes the protection of civil rights by:
- Accountability in Law Enforcement: Officers and institutions involved in law enforcement are held accountable for violations of citizens’ rights. Mechanisms are proposed for legal redress if rights are violated by state actions.
- Equal Protection Under Law: The law seeks to ensure equal protection for all citizens, regardless of their background, ensuring no discrimination in matters of security.
Bhartiya Nagrik Suraksha Sanhita vs. Existing Laws
Comparative Overview of Current Laws
Currently, India’s legal system includes various laws designed to protect citizens’ rights and security. However, these laws were often created decades ago and have become outdated in the face of new challenges like digital crimes, terrorism, and privacy concerns.
- Existing Laws: India’s existing laws, such as the Unlawful Activities (Prevention) Act (UAPA) and the Information Technology Act, provide frameworks for addressing certain security and civil rights concerns. However, they have often been criticized for their lack of comprehensiveness and adaptability to modern threats.
- BNS 2023: The Bhartiya Nagrik Suraksha Sanhita brings together a holistic approach by integrating modern technologies, addressing cybercrime, and protecting civil rights in a way that balances security with individual freedoms.
Comparison Table:
| Aspect | Existing Laws | Bhartiya Nagrik Suraksha Sanhita (2023) |
|---|---|---|
| Personal Security | General provisions | Clear guidelines for the right to personal security and safety |
| Cybersecurity | IT Act and other fragmented laws | Comprehensive cybercrime laws and data protection provisions |
| Terrorism Laws | UAPA and other counterterrorism measures | Provisions for modern counterterrorism efforts, including cyberterrorism |
| Civil Rights Protection | Fragmented, often unclear | Holistic approach with enhanced civil liberties protection |
| Accountability | Limited mechanisms for accountability | Detailed accountability for law enforcement and public institutions |
Potential Impact of Bhartiya Nagrik Suraksha Sanhita 2023
The proposed BNS 2023 aims to provide:
- Improved Safety: Enhanced citizen security, particularly in the digital age, while protecting fundamental freedoms.
- Greater Accountability: Ensures law enforcement agencies are held to higher standards of accountability and transparency.
- Increased Public Trust: By striking a balance between security and individual rights, the BNS aims to increase public trust in law enforcement and the legal system.
Read Also
Bhartiya Nyaya Sanhita 2023: Key Reforms and Modernization of Indian Criminal Law
Bhartiya Sakshya Bill 2023: Modernizing Evidence Law in India
Section 126 of Bhartiya Nagrik Suraksha Sanhita 2023: Ensuring Public Tranquility and Peace
Bhartiya Nagrik Suraksha Sanhita is subdivided into 38 chapters consisting of 533 clauses/sections. The structure of the code is similar to the Indian Penal Code. The outline of the Sanhita is as follows:
| Chapters | Clauses | Classification of Offences |
| Chapter 1 | Clauses 1 to 5 | Preliminary Clauses |
| Chapter 2 | Clauses 6 to 20 | Constitution of Criminal Courts and Offices |
| Chapter 3 | Clauses 21 to 29 | Power of Courts |
| Chapter 4 | Clauses 30 to 34 | Powers of Superior Officers of Police and Aid to the Magistrates and the Police |
| Chapter 5 | Clauses 35 to 62 | Arrest of Persons |
| Chapter 6 | Clauses 63 to 93 | Processes to Compel Appearance |
| Chapter 7 | Clauses 94 to 110 | Process to Compel the Production of Things |
| Chapter 8 | Clauses 111 to 124 | Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property |
| Chapter 9 | Clauses 125 to 143 | Security for Keeping the Peace and for Good Behaviour |
| Chapter 10 | Clauses 144 to 147 | Order for Maintenance of Wives, Children, and Parents |
| Chapter 11 | Clauses 148 to 167 | Maintenance of Public Order and Tranquility |
| Chapter 12 | Clauses 168 to 172 | Preventive Action of the Police |
| Chapter 13 | Clauses 173 to 196 | Information to the Police and Their Powers to Investigate |
| Chapter 14 | Clauses 197 to 209 | Jurisdiction of the Criminal Courts in Inquiries and Trials |
| Chapter 15 | Clauses 210 to 222 | Conditions Requisite for Initiation of Proceedings |
| Chapter 16 | Clauses 223 to 226 | Cognizance of Offences by Magistrates |
| Chapter 17 | Clauses 227 to 233 | Complaints to Magistrates |
| Chapter 18 | Clauses 234 to 247 | Commencement of Proceedings Before Magistrates |
| Chapter 19 | Clauses 248 to 260 | The Charge |
| Chapter 20 | Clauses 261 to 273 | Trial Before a Court of Session |
| Chapter 21 | Clauses 274 to 282 | Trial of Warrant-Cases by Magistrates |
| Chapter 22 | Clauses 283 to 288 | Trial of Summons-Cases by Magistrates |
| Chapter 23 | Clauses 289 to 300 | Summary Trials |
| Chapter 24 | Clauses 301 to 306 | Plea Bargaining |
| Chapter 25 | Clauses 307 to 337 | Attendance of Persons Confined or Detained in Prisons |
| Chapter 26 | Clauses 338 to 366 | Evidence in Inquiries and Trials |
| Chapter 27 | Clauses 367 to 378 | General Provisions as to Inquiries and Trials |
| Chapter 28 | Clauses 379 to 406 | Provisions as to Accused Persons with Mental Illness |
| Chapter 29 | Clauses 407 to 412 | Provisions as to Offences Affecting the Administration of Justice |
| Chapter 30 | Clauses 413 to 435 | Submission of Death Sentences for Confirmation |
| Chapter 31 | Clauses 436 to 446 | Reference and Revision |
| Chapter 32 | Clauses 447 to 453 | Transfer of Criminal Cases |
| Chapter 33 | Clauses 454 to 478 | Execution, Suspension, Remission, and Commutation of Sentences |
| Chapter 34 | Clauses 479 to 498 | Provisions as to Bail and Bonds |
| Chapter 35 | Clauses 499 to 507 | Disposal of Property |
| Chapter 36 | Clauses 508 to 514 | Irregular Proceedings |
| Chapter 37 | Clauses 515 to 521 | Limitation for Taking Cognizance of Certain Offences |
| Chapter 38 | Clauses 522 to 533 | Miscellaneous |
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